Decree On Subsidies For The Construction And Modernisation Of Aquaculture Installations

Original Language Title: Bekendtgørelse om tilskud til etablering og modernisering af akvakulturanlæg

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=116860

Overview (table of contents) Chapter 1 of scheme content

Chapter 2 Definitions

Chapter 3 Administration

Chapter 4 eligible actions

Chapter 5 Conditions for reimbursement

Chapter 6 eligible project expenses

Chapter 7 Modification of the project and entry into commitments

Chapter 8 Calculation of grants

Chapter 9 the payment of grants

Chapter 10 obligation

Chapter 11 cancellation and refund of grants

Chapter 12 Force majeure

Chapter 13 appeal

Chapter 14 penalties

Chapter 15 entry into force of The full text of the Decree on subsidies for the construction and modernisation of aquaculture installations

Under section 3 of the basic regulation. § 2 (1) (8). 2 (a), section 5, section 6, paragraph 2, article 7, paragraph 4, article 11, paragraphs 1, 2 and 4, section 12 and section 13, paragraph 1, of the lov nr. 1552 of 20. December 2006 on the development of the fisheries and aquaculture sector (Fisheries Development Act) shall be determined pursuant to the authority:

Chapter 1

The scheme's content

§ 1. Ministry of food, agriculture and fisheries within the deposed frameworks promise grants for projects that include investments relating to the establishment, expansion and modernisation of aquaculture installations.

(2). Commitments for grants can be given to firms carrying out projects designed to promote the company's development in environmentally and economically sustainable direction, as well as to contribute to an increase in the Danish aquaculture production volume and value added.

(3). Commitments for grants can be given to owners and tenants of aquaculture facilities.

Chapter 2

Definitions

§ 2. Micro, small and medium-sized enterprises are defined in accordance with the Commission recommendation (EC) No 1782/2003. 361/2003 of 6. May 2003.

Chapter 3

Administration

Authorities and control

§ 3. The Ministry for food, agriculture and fisheries, Directorate for Food Business by acting in accordance with this Ordinance.

§ 4. Directorate-General for Food Business shall carry out the checks referred to in this notice.

(2). Directorate-General for the Food Profession carries out the physical checks and the subsequent accounting control.

(3). Food agency may, in accordance with the authority responsible for the physical checks and the subsequent accounting control.

(4). To use for checks collected information from other authorities as appropriate.

Grant application

§ 5. Application must be made on a special application form, which can be obtained from the Directorate of Food Business or through the DG's website. The application is submitted to the Directorate through the section for Aquaculture, Control Department, Vejle, Food region South.

(2). An application must be received by the section for Aquaculture, Control Department, Vejle, Food region South before the 31 respectively. January and 31 March. July.

(3). In cases where the last day of the deadline referred to in paragraph 2 is a Saturday, Sunday, Monday, or a public holiday, the deadline shall expire on the second working day (Saturday excluded) that follows thereafter.

(4). When the application receives from the Food Directorate, region, Directorate shall acknowledge receipt and can in this context give permission to launch the project. For projects that are initiated in the period from the 1. October 2007 to the 8. May 2008, application can be submitted until 31 December 2005. July.

Prioritization and decision

§ 6. Applications received before the deadline and which meet the conditions for reimbursement referred to in article 6. Chapters 4 and 5 shall be notified to the undertaking after a prioritization on the basis of the projects ' fields of action and effects, as the following conditions are taken into account:





1) amount of nitrogen emitted per unit of weight.

2) amount of organic matter emitted per unit of weight.

3) amount of phosphorus discharged per unit of weight.

4) Intake of water from streams.

5) increasing the quantity produced.

6) Improvement of product quality.

7) Higher added value.

8) production of new species and other innovative production.

9) projects implemented by micro-and small enterprises.

10) improvement of working and safety conditions for persons engaged in aquaculture production in the company.





(2). The conditions referred to in paragraph 1 shall be included simultaneously in the prioritization. By priorities using a points system, whereby each of the below (1). 1-5, listed conditions attributed to weight 3 and each of those referred to in paragraph 1, no. 6-10, the proportion attributed to the weight 2. In installations without direct discharges to the recipient is included in paragraph 1, no. 1-4, with the average ratio for the other mentioned applications.

§ 7. Directorate-General for Food Industries can use this year's appropriation in one filing period or distribute it on the two application rounds.

(2). If the application cannot be accommodated, the Directorate provides commitment grant.

(3). There can be total or partial rejection of the applications with regard to the priorities of the economic framework, which is set aside for the scheme.

(4). Applications that cannot be accommodated only as a result of that the application period for deposed framework are exhausted, be transferred once to the next application period. The requests that have been transferred to a filing period, priority on equal terms with other applications which are received within the application period.

§ 8. After discussion of the Monitoring Committee for the program for the use of the European Fisheries Fund in Denmark, Directorate for Food Industries can possibly set up an Advisory Committee. The Advisory Committee assists the Directorate to define principles for prioritising after §§ 6 and 7.

Chapter 4

Eligible projects

§ 9. Commitments for grants can be given to firms carrying out projects relating to aquaculture production with good market opportunities, assessed on the basis of current market studies.

(2). It must be demonstrated that there is established a handling of waste substances from the plant, and that the necessary permissions thereto is available.

(3). Where it is relevant to environmental concerns, the technique that is part of the project, be the best available techniques (BAT), see. Environmental Protection Act 3.

Chapter 5

Conditions for grant

§ 10. It is a condition of grant for a project,





1) to the total eligible cost of the project amounts to at least 200,000 euros

2) that the necessary authorisations from public authorities is achieved,

3) that the applicant shall deliver the information Directorate of the food Profession requests for use of the procedure,

4) that the project will be concluded within 18 months. after undertaking date unless the Directorate shall grant derogations,

5) that undertaking gardens submit final withdrawal request and project report in due time, without prejudice. Article 20, paragraph 4,

6) to the project and the investments which have been granted subsidies maintained by undertaking gardens for a period of at least five years from the date of the final payment of the contribution, and

7) to cashout request and the original accounting documents shall be kept available until 31. December 2021.





(2). The Directorate establishes in undertaking detailed conditions of the undertaking ' s obligation to inform about the public financing of the project and to publish information about the project on undertaking's home page or in the relevant newspapers and magazines.

(3). Undertaking gardens are required to submit a report on the project's effects 2 and 5 years after the final payment of the grant. In the undertaking stipulates what information must be provided in the reports.

§ 11. It is also a condition of the grant, the applicant can demonstrate the technical and economic viability of the company and the project after the project is completed. In assessing the economic viability of includes the following:





1) about the company in the last financial year has a positive equity, or made a going concern qualification.

2) about the company in the previous 3 financial years have had positive financial results after tax.

3) information about the company's production and placing on the market the last 3 years.

4) Expected and future market conditions, market prospects and earnings.





(2). By start-ups be assessed viability following the guidelines established by the Directorate-General for Food Industries.

§ 12. It is also a condition of the grant, the applicant may prove to be in possession of the required professional qualifications for project implementation. If the applicant is not sufficiently serious, the conclusion of a contract with a consultant in the field.

§ 13. Directorate-General for Food Industries can in the undertaking, establish additional conditions for the grant.

§ 14. Subsidies may be granted only to companies with fewer than 750 employees or with a turnover of less than 200 million euros. For the purpose of determining whether the company satisfies the condition set out in this paragraph shall take account of its possible affiliation to a group in the same way as in the European Commission recommendation concerning the definition of micro, small and medium-sized businesses, see. § 2.


Chapter 6

Eligible project costs

§ 15. The eligible expenses may include





1) the cost of investment in the company,

2) the cost of the architectural and engineering fees and other costs of the design, however, the highest total of 10% of the total eligible expenditure,

3) the cost of the certificate of paid expenses,

4) expenditure on project reporting, and

5) other expenses, as the Directorate of Food Profession assesses to be necessary for the implementation of the investment project.





§ 16. The expenditure eligible for financing may not include





1) expenses qualifying for reimbursement in accordance with other legislation,

2) expenditure incurred by the undertaking has paid within the Directorate of Food Industries has given permission to launch the project, see. § 5, paragraph 4. In 2008, however, the applicant can get approved expenses paid from 1 October 2007, see. § 5, paragraph 4.

3) expenditure relating to activities in which the undertaking gardens is committed to implement pursuant to other legislation,

4) expenditure on the purchase of land and buildings and costs connected therewith,

5) expenditure on the purchase of used or refurbished equipment

6) financial, audit, legal and banking costs, unless these are due to demands from undertaking-making authority,

7) costs for investments relating to Office and canteen,

8) expenditure on the purchase of vehicles for external transport,

9) VAT, unless this definitively borne by undertaking gardens,

10) value of own work,

11) investments in fishing vessels as defined in article 3, subparagraph (c)) in Council Regulation 2371/2002, even if the vessel is used solely as service vessel for aquaculture purposes, and

12) costs of leasing and rental.





(2). Grants may not be awarded for investments, resulting in adverse effects, particularly the risk of excess production capacity.

Chapter 7

Modification of the project and entry into commitments

§ 17. Modification of a project may be approved by the Directorate-General for Food Business on the condition that the change after the Directorate's assessment is in accordance with the purpose of the project. Application for amendment of a project must be approved by the Directorate before the change is implemented.

(2). Commitment amount cannot be increased in connection with changes in the project.

§ 18. Directorate-General for the Food Profession may on application allow, to another, which, according to section 1, paragraph 2, may be undertaking gardens, occurs in an undertaking for reimbursement. The occurring in the undertaking, assuming rights and obligations after the undertaking.

Chapter 8

Calculation of the grant

§ 19. Grants under this Ordinance shall be granted with the following satster:





1) to micro-, small and medium-sized enterprises subsidy can be up to 30% of eligible expenditure.

2) to other companies can grant constitute up to 20% of the eligible expenditure.





(2). Within the framework of the referred to in paragraph 1 and after discussion in the Monitoring Committee for the program for the use of the European Fisheries Fund in Denmark, the grant rate in connection with each round of applications be adapted taking into account the budgeting framework for the scheme.

Chapter 9

Payment of grants

§ 20. Payment of grants on the basis of the undertaking ' s statement of paid eligible project costs must be documented. Request for payment of the reimbursement shall be made on a special form and be accompanied by a declaration from a registered public accountant or certified public accountant. Forms and form to the auditor's statement are available by contacting the Directorate-General for the Food Profession or through the DG's website.

(2). The request for payment of grants must be submitted to the Directorate through the section for Aquaculture, Control Department, Vejle, Food region South.

(3). Grants may be paid in until 2 installments. The individual instalments must represent at least 20 per cent of the total amount of the undertaking.

(4). Request for final payment must be section for Aquaculture, Control Department, Vejle, Food region South not later than three months after the project is completed. The Directorate may, in exceptional cases, grant a derogation from this deadline. Final withdrawal request must be accompanied by a project report.

(5). The grant is transferred to the undertaking's NemKonto.

Chapter 10

Obligation

§ 21. Undertaking Gardens must throughout the period in which the conditions for reimbursement must be met, upon request, declare to the Directorate of Food Profession about whether conditions for the grants continue to be met.

(2). Undertaking gardens is in the whole period in which the conditions for reimbursement must be fulfilled, committed to without undue delay, to give the Directorate notice of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 22.

Chapter 11

Cancellation and refund of grants

§ 22. Commitment to tilskudbortfalder, if





1) undertaking gardens have given false or misleading information or has concealed information in relation to the merits of the decision,

2) undertaking his duties after fisheries development overrides Gardens section 11 (2)

3) undertaking gardens does not meet his obligation under section 21,

4) the project is not carried out in accordance with the approved application, or

5) conditions for reimbursement are not met.





(2). In the cases referred to in paragraph 1bylist shall take the Directorate of Food Business decision on repayment of grants. By statement of claim attributed to that interest. Interest allowance shall be calculated from the date on which the notification of the repayment obligation to refund is done and with the law on interest for late payment, etc. (Renteloven) provided the reference interest rate. Interest allowance, however, is at least 50 us $.

Chapter 12

Force majeure

§ 23. Directorate-General for the Food Profession recognizes the following events as force majeure:





1) Undertaking's death.

2) Expropriation, if such could not be foreseen when the commitment period.

3) A severe natural disaster substantially affects the undertaking's activities.





(2). It is a condition for the recognition of force majeurei concrete cases that the occurred events prevents fulfilment of the obligations, in relation to which invoked force majeure, and that it committed no without disproportionate opofrelser could have secured themselves against this.

(3). The Directorate may, in exceptional cases, recognize other events such as force majeure than those referred to in paragraph 1.

§ 24. If undertaking gardens or his estate would to invoke force majeure, it shall be notified to the Directorate-General for Food Industries in writing within 10 working days after the date on which the undertaking gardens or his estate is able to do it. the communication must be accompanied by adequate documentation.

Chapter 13

Access to justice

§ 25. Complaint against decisions taken pursuant to this order may be appealed to the Minister of food, agriculture and fisheries.

(2). The complaint must be submitted through the Directorate-General for Food Industries. The complaint must be Directorate-General not later than 4 weeks after receipt of the decision the complaint relates.

(3). The Directorate can resume a case, after which is lodged a complaint.

Chapter 14

Criminal provisions

section 26. Pursuant to section 14, paragraph 1, of the Fisheries Development Act are punishable by fines, which the





1) shall give false or misleading information or conceals information relevant to decisions taken under the Act or the rules laid down in accordance with the law,

2) acts in contravention of the conditions set out in decisions taken under the Act or the rules laid down pursuant to the Act,

3) fails to deliver the documentation and the information to which the person is required to give under the law or regulations in accordance with the law,

4) shall give false or misleading information or conceals information, which the person concerned is obliged to give under the law or the rules laid down in accordance with the law. on such conditions,

5) fails to give access to business premises to the inspection authority, etc., etc., in accordance with article 11, paragraph 1, or

6) fails to deliver or submit material or to provide the inspection authority assistance after the Act § 11 paragraph 2.





(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 15

Entry into force of the

§ 27. The notice shall enter into force on 8 November. May 2008.

(2). Executive Order No. 11 of 12. January 2001 on a financial contribution to the establishment and modernisation of aquaculture installations should be repealed. The notice shall, however, remain applicable to undertakings which have been granted before the entry into force of the present publication.
Directorate-General for Food Industries, the 5. May 2008 his S. C/Steen Pawn